SC says transfer of judges to Islamabad High Court not unconstitutional
Apex court pronounces verdict by three judges to two; Justice Naeem Akhtar Afghan, Justice Shakeel Ahmad differ with majority opinion
The constitutional bench of the Supreme Court (SC) on Thursday declared the transfer of judges to the Islamabad High Court (IHC) constitutional, reported 24NewsHD TV channel.
A five-member bench of the constitutional bench of the apex court, headed by Justice Muhammad Ali Mazhar, pronounced the short verdict by three judges to two.
Justice Naeem Akhtar Afghan and Justice Shakeel Ahmad differed with the majority decision.
Earlier, the bench reserved its decision on the petitions filed against the transfer of judges to the Islamabad High Court (IHC) after the lawyers concluded their arguments.
During the hearing, counsel for the former prime minister and PTI founder Imran Khan, Idrees Ashraf, said that the judges were transferred on political grounds, which was illegal.
He further said there existed a conflict between Article 175 and Article 200.
He argued that a judge could not be transferred permanently to fill a vacant seat.
Justice Muhammad Ali Mazhar remarked that the Judicial Commission did not have any power to transfer a judge.
Justice Naeem Akhtar Afghan asked whether any judge was transferred under Article 200 in the past.
Attorney General for Pakistan Mansoor Usman Awan said there existed no such precedent.
He further said that the role of the president and the prime minister in the transfer of judges was limited. “The chief justices also have a say in the matter,” he said, and added, “Hence in this case, mala fide intent cannot be proved.”
Justice Muhammad Ali Mazhar said that a complete procedure for the transfer of judges had been laid down in Article 200.
It is pertinent to mention here that Justice Sarfaraz Dogar, Justice Muhammad Asif and Justice Khadim Hussain Soomro had been transferred to the IHC.
Following which, five IHC judges had filed a petition in the apex court in which challenged the transfer of judges as well as their seniority.
PTI founder and Karachi Bar had also filed petitions.
Reporter: Amanat Gishkori